Changes from plenary report to plenary report

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 5: 5. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation was caused by extraordinary circumstances and the cancellation could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances may only be invoked in so far as they affect the flight concerned or the preceding flight operated by the same aircraft, and provided that there is a direct causal link between the occurrence of that circumstance and the cancellation of the flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 6 a (new): 6 a. In the event of cancellation of a flight owing to insolvency, bankruptcy, or the suspension or cessation of the activities of an air carrier, passengers who are stranded shall be entitled to a reimbursement, the return flight to the point of departure or re-routing, and to care, as provided for in Articles 8 and 9 of this Regulation. Equally, air passengers who have not yet started their journey shall be entitled to reimbursement. Air carriers shall prove that they have taken all necessary measures, such as taking out an insurance policy or creating guarantee funds, to provide for the care, reimbursement or re-routing of stranded passengers where applicable. These rights shall apply to all passengers concerned irrespective of their place of residence, point of departure or where they bought their ticket.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 6, Article 6 – paragraph 1 – subparagraph 2: The operating air carrier shall, as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, specify to the passengers concerned the reasons for the delay of the flight. The passengers are entitled, upon request, to receive in writing the reasons for the delay at arrival. The operating air carrier of the delayed flight shall send to passengers the pre-filled common form within 48 hours following travel disruption for the purpose of reimbursement and compensation in accordance with Article 6c.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 6, Article 6 – paragraph 3: 3. When the delay reaches the threshold set out in Article 7(2) calculated from the time of departure indicated on the passenger’s ticket, the operating air carrier shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 6, Article 6 – paragraph 3 a (new): 3 a. Passengers shall have the right to compensation from the operating carrier in accordance with Article 7 where they depart no more than one hour before the scheduled time of departure and reach their final destination with a delay of 2 hours or more after the scheduled time of arrival, provided that the total time lost by the passenger before departure and following the delay at arrival is equal to or exceeds the threshold set out in Article 7(2).

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 6, Article 6 – paragraph 4 – subparagraph 1: Passengers shall have the right to receive compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2). To that end, the operating air carrier shall, systematically within 48 hours following the delay, provide the passenger with a pre-filled form in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union].

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 6, Article 6 – paragraph 4 – subparagraph 2: Passengers shall have the right to receive compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b).

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 6, Article 6 – paragraph 6: 6. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay at arrival was caused by extraordinary circumstances and the delay could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or at least the preceding flight operated by the same aircraft and provided that there is a direct causal link between the occurrence of that circumstance and the delay at departure of the subsequent flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier. The above does not exempt air carriers from the requirement to provide passengers with assistance in accordance with Article 9.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 7, Article 6a – paragraph 3: 3. Where a tarmac delay reaches two hours in an airport with commercial passenger traffic situated in a territory of a Member State to which the Treaties apply, the aircraft shall proceed to the gate or another suitable disembarkation point where passengers shall be allowed to disembark. Beyond that deadline, a tarmac delay can only be prolonged if there are safety, immigration, air traffic control or security-related reasons why the aircraft cannot leave its position on the tarmac.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 7, Article 6b – paragraph 3 – subparagraph 1: Passengers shall also have a right to receive compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3), if they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2).

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 7, Article 6b – paragraph 3 – subparagraph 2: Passengers shall have the right to receive compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b).

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 7, Article 6b – paragraph 3 – subparagraph 2 a (new): Where paragraphs 2 and 3 of this Article apply, the operating air carrier shall, systematically within 48 hours following the missed connecting flight, provide the passenger with a pre-filled form in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 7, Article 6b – paragraph 4: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 7, Article 6 c (new): Article 6c / Extraordinary circumstances / 1. Extraordinary circumstances shall be considered to be events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are outside that air carrier’s actual control. For the purposes of this Regulation, extraordinary circumstances are limited to the circumstances set out in the Annex; / 2. When a passenger has a right to compensation from the air carrier in accordance with Articles 4, 5 and 6, the air carrier shall send to the passenger in a written form, within 48 hours, the information about the presence or absence of extraordinary circumstances and provide access to a pre-filled common form in accordance with [16aa of Regulation [2023/..] on enforcement of passenger rights in the Union]. / 3. Where an unusual event outside the control of one or more Member States has occurred, which has a major impact on air travel with major unfavourable consequences for the aviation sector and which is not covered under Annex to this Regulation, the Commission is empowered to adopt a delegated act in accordance with Article 16h in order to amend the exhaustive list set out in that Annex by adding the relevant extraordinary circumstance, provided that this is strictly necessary to respond to such an unusual event.

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 1 – subparagraph 1 – point a: (a) EUR 300 for all journeys of 1 500 kilometres or less;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 1 – subparagraph 1 – point b: (b) EUR 400 for all journeys above 1 500 km and up to 3 500 km;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 1 – subparagraph 1 – point b a (new): (b a) EUR 600 for all journeys above 3 500 km;

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 1 – subparagraph 2: deleted

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 1 a (new): 1 a. Every three years, the Commission shall adopt a delegated act automatically adjusting the amounts of compensation referred to in this paragraph to the combined overall inflation rate of the three preceding years based on the European Index of Consumer prices published by Eurostat pursuant to Regulation (EU) 2016/7921a. / 1a Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (OJ L 135, 24.5.2016, pp. 11).

RemovedCouncil position

RemovedRegulation (EC) No 261/2004

RemovedArticle 1 – paragraph 1 – point 8, Article 7 – paragraph 2: 2. In the case of a delay at arrival after rerouting following a cancellation under Article 5, a delay at arrival under Article 6 or a delay at arrival after a missed connecting flight under Article 6b, the right to compensation shall arise for delays at arrival, or following a loss of time under Article 6, paragraph 3a, of three hours or more, regardless of the distance of the journey.